Part of the debate – in the Senedd at 5:58 pm on 16 November 2022.
I'm just coming on to that. So, as I was just saying, this provides assurance for leaseholders that they will not have to pay for fire safety works that they are not responsible for, and that the remediation works will be progressed.
In Wales, we've worked with developers to secure this commitment to remediate. Now, this is the bit that answers your question, Andrew. The formal legal documentation that will underpin our developers pact will provide the Welsh Government with the ability to take legal action against developers for breach of the terms of the agreement. The final version of the formal legal documentation is currently being drafted and will include a requirement for developers to provide a schedule and timetable for remediation works to take place, together with monitoring arrangements and a condition that any changes to the timetable are agreed with Welsh Government officials. I expect the formal legal documentation will be agreed with developers in the very near future, and I will, of course, keep Members updated on progress. To just translate that into lay person's speak, once we have the legal documentation in place, then the timetable will start to tick. So we're not quite there yet, but we will be very shortly.
Given that, in Wales, there are a significant number of leasehold properties that fall under the 11m or five-storey thresholds, we also need to consider whether the provisions set out in sections 116 to 125 are suitable for Wales. Practically, the process of making provision equivalent to or similar in nature to sections 116 to 125 for Wales is not straightforward. Doing so would require primary legislation, which is of course more time consuming to prepare and pass than secondary legislation, and additionally, any legislation would need to be tailored for Wales specifically, as currently, 116 to 125 are specifically tailored to the new building safety regime in England, which is not the same as the regime here in Wales. So whilst sections 116 to 125 do provide leaseholders with an option to instigate legal action against a developer who they consider is not remediating fire safety defects that they have created, this could actually make leaseholders liable for the legal costs of doing so.
In Wales, if a leaseholder or resident is concerned that a developer is in breach of the terms of the formal legal documentation underpinning the developer's pact, there will be provision for them to contact the Government and we will, of course, be closely monitoring the agreement. The Welsh Government could then take legal action to enforce the formal legal documentation, so protecting leaseholders from the potential legal costs of undertaking the action themselves. So, just to say in really clear language, we just don't need the sections in Wales. We don't need to limit or provide for a cap on the payments made, because we are going to pay for the works ourselves or the developers are going to pay for them. So, where we have buildings that developers are connected to, they will pay for the remediation works, and where we have the so-called 'orphan' buildings—so, nobody can identify the developer or they've gone bankrupt or out of business—we will pay for it. The leaseholders will not have to pay for it.
Welsh Conservatives are calling on the Government to work together with all political parties. I think I've set out today that we are a Government that is more than happy to do that. We welcome working together in the interests of leaseholders so, of course, Llywydd, we will work with all political parties to ensure leaseholders are protected, but these must be the right protections for leaseholders in Wales, and we believe we have those. Diolch.